Federal Government Says 'One-Person One-Vote' Rule Does Not Bind Congress - Plaintiffs in Historic Lawsuit Demand Equal Voting Weight Throughout U.S.

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Fri Feb 19, 2010 10:30am EST

OXFORD, Miss.,  Feb. 19  /PRNewswire/ -- (Apportionment.US ) - Plaintiffs in
the historic lawsuit seeking a larger and more equitable Congress filed their
briefs today in U.S. District Court.  The lawsuit, Clemons v. Department of
Commerce, challenges the constitutionality of the current size of  the United
States  House of Representatives, arguing that the provision in  the United
States  Code (2  USC  Section 2a) that freezes the size of the House at 435
members is unconstitutional, violating the well-established principle of
"one-person, one-vote" by a substantial margin.

"In short, the government asserts that they don't have to adhere to the
'one-person, one-vote' equality standard that is imposed on the states" said 
Scott Scharpen, founder and president of Apportionment.US, the non-profit
charity coordinating the lawsuit on behalf of the plaintiffs.  "We honestly
thought that we would get into a philosophical discussion around the question,
'How equal is equal?'  Yet surprisingly, the government essentially claims
that equality is not a factor at all when apportioning the U.S. House."

This is the same federal government, however, that forces states to achieve
precise equality of congressional districts within a small fraction of 1%, yet
at the national level, the federal government permits inequality to exceed
80%.  The plaintiffs' response soundly refutes the government's extreme
position with constitutional, historical and Supreme Court information.

The briefs filed today were prepared by  Michael Farris, lead counsel for the
plaintiffs.  Quoting from one of the plaintiffs' briefs, "The Supreme Court's
most common method of comparison in one-person, one-vote cases is to contrast
the two districts that are most over-represented and under-represented.  It
takes 183 voters in  Montana  to equal 100 voters in  Wyoming.  Thus,  Montana
 voters are 'worth' only 54.6% of voters in  Wyoming.  This disparity is so
extreme that it brings back the distasteful episode in American history where
slaves were counted as three-fifths of a person for apportionment purposes."

Unfortunately, the significant degree of inequality will persist and continue
to get worse, based on the latest census projections.  Therefore, the
plaintiffs believe the time has come for Congress to properly reapportion
itself according to the requirements of the Constitution and according to a
"common sense" spirit of equality that all Americans deserve.

To view the plaintiff's briefs, visit  www.apportionment.us/case.html

SOURCE  Apportionment.US


Scott Scharpen of Apportionment.US, +1-951-678-9955, scott@apportionment.us

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